[nitto1234]

I had a credit card with bank of america and now I'm being sued by a collection agency. Can I fight this do to the fact I haven't signed a contract with them. Is there anyway out of them getting a judgement on me.

[Justice Matters]

Assuming you mean you didn't sign a contract with Bank of America (as opposed to the collection agency) the failure to sign a contract is not necessarily fatal to Bank of America's case unless the consumer protection laws of your jurisdiction state the contrary.

If you applied for the card, accepted it and then used it then the fundamental elements of a contract exist (offer, acceptance and consideration).

Notwithstanding the aforesaid the obligation still lies with the creditor to prove the validity of the debt. If this is inescapable you may be able to avoid having a judgment issued against you be negotiating a repayment plan with the collection agency or Bank of America. Ensure that any such agreement is in writing.

Additional comments and suggestions will undoubtedly follow from some of the sages of this website.

[nitto1234]

No I didn't sign a contract with the collection agency. Does the collection agency have the same rights as bank of america. I guess what I am asking is even thou the collection agency is suing me doesn't bank of america have to do it before the statue of limitations. Or does the collection agency have the right to do it before the end of limitations.

[Justice Matters]

Statutes of limitations do not make distinctions between who may be the owner of a debt in due course. Consequently, the limitation period will be the same regardless of who is suing for the debt.

If the debt has been assigned or sold to the collection agency then the collection agency will likely acquire all the rights Bank of America had with respect to the debt (again, depending upon the consumer protection and assignment laws of your jurisdiction).